BHAWANI SHANKAR GAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition was filed by late Bhawani Shankar Gaur, in which, it is prayed that entire record pertaining to the disciplinary proceedings initiated against the petitioner under memorandum dated 26.07.1986 may be called for and the same may be reviewed judicially and charge-sheet itself may be declared unjust and arbitrary and same may be quashed. Further, it is prayed that the order dated 28.08.1989 (Annex.-8) passed by the Disciplinary Authority and order dated 09.03.1999 (Annex.-10) passed by the appellate authority may be declared illegal and same may be quashed and set aside with all consequential benefits.

(2.) AFTER filing this writ petition in the year 1999, petitioner Bhawani Shanker Gaur died on 11.10.2005 at Chittorgarh. AFTER his death, an application was filed by the legal representatives of late Bhawani Shankar for taking them on record to pursue this case. The application filed by the legal representatives was allowed vide order dated 21.02.2006 by the co-ordinate Bench of this Court and legal representatives of deceased Bhawani Shanker Gaur were taken on record and, thereafter, amended cause-title was filed which is on record.

(3.) CASE of the petitioner is that no finding was given by the inquiry authority that the petitioner is guilty for any misconduct and simply made a recommendation for reinstatement of the petitioner in service and gave the finding that petitioner is liable to be punished for the loss caused due to inadvertence on his part and no misconduct has been proved against him. Upon receiving such inquiry report and show-cause notice, explanation was filed by late Bhawani Shanker and it is specifically stated that he is not at all guilty for misconduct, therefore, he may be exonerated from the charges levelled against him.